Non-Negotiable Positions

If you are involved in negotiations you will, sooner or later, encounter a “non-negotiable” position. This is an inevitable part of negotiating...

If you are involved in negotiations you will, sooner or later, encounter a “non-negotiable” position. This is an inevitable part of negotiating. You might have to lay out your non-negotiable position to someone, or you could receive a non-negotiable position from someone else.

When someone encounters a non-negotiable stand, the common reaction is to get angry and lash back.

Are non-negotiable positions negotiable? Do they serve a purpose at the bargaining table? The answer to both questions is yes.

Non-negotiable positions are appropriate under some circumstances. They serve to lower the expectations of the other party. They can also help make the other party more willing to compromise rather than risk a serious confrontation. However, you should not make something non-negotiable unless you have considered the cost of deadlock; the degree of mutual dependence between the parties; potential backlash; face-saving needs; and your ability to support and defend your position.

Sometimes non-negotiable positions are so extreme that compromise appears virtually impossible. At stake may be deep-rooted values or policies that are of an ethical, religious, professional, or economic nature. The introduction of such a position may create hostility. A non-negotiable position is dangerous for the party making it. It can so inflame the other party that deadlock becomes inevitable on all the other issues being negotiated.

Is there room for taking a non-negotiable position in your negotiations? Of course there is. It happens every day.

"We cannot reveal our costs."
"We will not show you your competitor’s proposal."
"We will not give you our design secrets."
"We cannot reduce the price because government regulations prohibit us from doing so."
"We will not permit your people to interfere with our management decisions."

These positions may or may not be non-negotiable, but they sure sound like it to the inexperienced negotiator. You need to test positions like these.

The following countermeasures will help you keep emotions under control even when deeply held values are threatened:

Move to “off-the-record” discussions to diffuse the hostility and gain a better understanding of the other party’s position.

Explain why the demands are non-negotiable. Sometimes the best concession you can give is simply a good explanation.

Be prepared to discuss the issues that are negotiable. Agreement here may soften the non-negotiable positions.

Don’t panic—remember all of the negotiating tools you have at your disposal from the Karrass seminar.

Don’t be afraid to use your negotiating strength—with discretion.

Approach something that appears to be non-negotiable with a cool head, complete information, and a thorough understanding of the organizational and personal issues surrounding the position. When challenging a non-negotiable position, provide sufficient time for acceptance of your arguments. This will help soften the non-negotiable position. Karrass research indicates that most non-negotiable positions turn out to be somewhat negotiable.

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The program was great! My seminar leader and the structure of the course kept me constantly stimulated. I now am better prepared to go into an important negotiation meeting and stay in control, while finishing the meeting satisfied.

Deanna D.

Case Manager at The Jackson Laboratory

If you have the training budget and two days to spare, you'll struggle to find a program more far-reaching, on-point, and instantly implementable.

Jeff G.

Business Development Manager at The M.K. Morse Company

Excellent course, brings more confidence in my ability to negotiate. I think this course is a must for all employees who deal with customers.

John S.

Chief Engineering Manager at ExxonMobil

This was very effective with a strong focus on both-win negotiating.

Kathleen L.

Senior Analyst at Blue Cross/Blue Shield of Michigan

THE KARRASS CLASS WAS THE SINGLE BEST TRAINING CLASS/SEMINAR I HAVE EVER ATTENDED. EVERY TIME WE DID AN EXERCISE IT TAUGHT YOU WHAT TO DO DIFFERENTLY NEXT TIME. THANKS.

Kim C.

Procurement at American Express

This program has greatly increased my confidence and ability to negotiate for myself as well as my company.

LaDonna E.

Senior Strategic Buyer at Hallmark

The negotiating class was very informative. The instructor provided an inspirational message that can be applied to everyday life.

Mary S.

International Sourcing at FMC Technologies

We negotiate every day of our lives, both personally and professionally. This course defines the process and provides techniques to achieve successful results.

Phillip H.

Vice President at GE

Prior to this class I felt as though I was getting eaten alive by internal negotiations with sales reps. Now I feel prepared to challenge what they are saying and bet to their real needs.

Steve Q.

Planner at Honeywell

Many people fail to achieve their potential because they don’t see the opportunities to negotiate a win/win agreement with their colleagues. This class is an eye opener to this dynamic.